The ContractPayment and Proceeds
Section § 10170
This law outlines how life insurance payouts can be made. They can be paid when the insured person dies, if they live past a certain time, periodically as long as they live, or based on other life events. The payout terms can be agreed upon by the insurer and policyholder, and changes can be made unless a beneficiary's rights are declared unchangeable.
Payments can be made as a lump-sum or other methods as described in the claim form. Beneficiaries can choose their payout method, and a default payment method, like a retained-asset account, can be used if no choice is made.
Insurers must provide clear information about all payout options available. Non-compliance with these rules can lead to penalties. The commissioner can also set regulations around these agreements and disclosures.
Section § 10171
This law allows life insurance policies to include terms that protect the policy's payout from being transferred, anticipated, or used as security by the beneficiary. It also ensures that the payout cannot be claimed by the beneficiary's creditors or seized through legal actions against the beneficiary.
Section § 10172
This law states that if an insurance company pays out a life insurance policy according to the policy's terms or any written assignment, the company is fully released from any further claims on that policy. However, if someone else claims they are entitled to these payments, the insurer must receive a written notice at their main office before they make the payment. If such notice is received in time, the payment cannot proceed without addressing the claim.
Section § 10172.5
If an insurance company in California doesn't pay life insurance proceeds within 30 days after the insured person dies, they have to pay interest on the unpaid amount. This applies to all deaths occurring from January 1, 1976, onward.
Insurance companies can't delay payments longer than necessary, and they should try to pay within 30 days post-death.
When interest is owed, insurers must inform the beneficiaries and mention the interest rate. If a child is born within two years of the insured's death, additional notice requirements apply.
No interest is required if the beneficiary opts not to take a lump-sum payment.
Section § 10173
This law explains that when you transfer your life insurance policy to someone else in writing, the insurance company can interact with the new owner based on the instructions in that assignment. The company will keep doing this until it gets a written notice at its main office from someone else claiming an interest in the policy.
Section § 10173.2
This law says that when a life insurance policy is assigned as security for a debt, the insurance company must send a written notice to the person holding the debt (the assignee) if the policyholder fails to pay a premium. This notice must be sent at least 30 days before the policy is set to lapse completely. The assignee has to inform the insurer in writing if they want to waive receiving these notices. The insurance company can charge the policyholder a small fee, but not more than $2.50, for each notice sent. 'Final lapse of the policy' means the point after which you can't reinstate the policy without proving insurability again or filling out an application.
Section § 10174
If you have a disability insurance policy that includes death benefits, those death benefits must follow the rules set out in other specific insurance sections (10172, 10172.5, and 10173).
Section § 10175
This law section states that certain other parts of the insurance law (Sections 10172, 10173, or 10174) do not interfere with anyone's claim or rights to an insurance policy or its benefits, except for the insurance company itself. This means everybody besides the insurer who might have an interest in the policy, like beneficiaries or policyholders, still has their rights intact under those sections.
Section § 10175.5
This California law states that disability insurance contracts with doctors and other healthcare providers must not include incentive plans that reward them for denying, reducing, limiting, or delaying necessary medical services for insured patients with similar medical conditions.
However, the law does allow general payment arrangements that are not linked to specific decisions about individual patients or groups of patients.
Section § 10176
This law is about how disability insurance handles payments for various health services, like medical, dental, or acupuncture treatment. Insurance policies can either reimburse costs or pay directly for these services without requiring you to pay out of pocket first. You can choose any licensed professional for these services, like psychologists or acupuncturists, if your policy covers them.
If your policy includes acupuncture, insurers must pay acupuncturists' claims, but only if it's specified as a covered benefit. Policies must also respect your choice of professionals like social workers, speech therapists, or clinical counselors, if referred by a physician. However, professionals can't provide services outside their expertise or training.
Additionally, mental health services in policies after 1988 can't be permanently excluded from coverage. The law ensures a wide choice of professionals and protects mental health benefits in disability insurance.
Section § 10176.1
This law states that, starting from the changes made in 1969, all disability insurance policies must follow the rules set out in Section 10176. If any part of these policies goes against those rules, that part is considered invalid and won't apply.
Section § 10176.2
This California law states that disability insurance plans have the option to only cover physical therapy services if those services are part of a treatment plan prescribed by a licensed doctor. This means the physical therapist must be acting according to a doctor's guidance for the insurance to pay for the therapy.
Section § 10176.3
This law states that changes made to Section 10176 and the new rules in Section 10176.2 only apply to insurance policies that were issued or changed after the date these amendments and new rules became effective in 1971.
Section § 10176.4
This law states that when determining disability for insurance claims, certifications provided by chiropractors should be accepted by insurance companies just like those provided by doctors. This only applies when chiropractors and doctors are working within their licensed abilities.
Section § 10176.5
This law means that if you have disability insurance from another state that recognizes licensed psychologists, you can still choose to see a psychologist licensed in California, even if they're not licensed in the other state. As long as the services are covered by your insurance policy, seeing a California psychologist is allowed.
Section § 10176.6
This law states that any group disability insurance policy in California, issued or changed after January 1, 1982, must offer coverage for diabetic self-management education programs. These programs provide education to help people with diabetes manage their condition daily, which can reduce hospital visits and complications. The education must be supervised by a board-certified physician, and provided by knowledgeable health professionals such as doctors, nurses, pharmacists, and dietitians. Importantly, the law does not mandate coverage for programs focused primarily on weight loss.
Section § 10176.7
This California law allows individuals with disability insurance from out-of-state to choose certain healthcare providers licensed in California for services covered under their insurance. This applies even if the selected providers aren't licensed in the state where the insurance contract is issued. The law specifically mentions licensed clinical social workers, psychiatric-mental health nurses with advanced qualifications, marriage and family therapists, professional clinical counselors, and certified respiratory care practitioners. The goal is to ensure that California residents with such insurance can still utilize the services of these specific professionals within the state.
Section § 10176.8
This law allows disability insurance policies to cover services provided by certified respiratory care practitioners, but only for pulmonary rehabilitation and respiratory home care. Coverage is only possible if these services are part of a treatment plan prescribed by a doctor.
Section § 10176.9
This law ensures that if you have health insurance, your insurer can't avoid covering your hospital expenses just because you were treated in a state hospital, as long as the policy would normally cover those services elsewhere. However, the insurer doesn't have to pay state hospitals more than they would pay to other hospitals that have special payment agreements with the insurer.
Section § 10176.10
This law affects disability insurance policies covering hospital, surgical, or medical expenses in California. It requires insurance companies to follow specific rules when they decide to stop selling or marketing a particular type of insurance policy, referred to as 'closing a block of business'.
If the number of policyholders decreases significantly or if there are fewer than a certain number of insured individuals, the policy is presumed to be closed. Insurers must notify the insurance commissioner about their plans and provide options for policyholders to move to other available policy forms without additional underwriting, or alternatively, combine the closed policy's experience with others to determine renewal rates.
There are exceptions for small employer health plans and certain types of insurance like Medicare supplements, dental, and vision coverage. Insurers must ensure their actions comply with this law by a specific date if any blocks were closed before the law took effect.
Section § 10176.11
This law requires health insurers to accept premium payments from certain third-party entities without needing to comply with additional rules, including programs like the Ryan White HIV/AIDS Program and government entities. Family members can also make payments unless the funds come from a financially interested entity.
Entities that are not specified must follow specific requirements, such as providing full-year assistance and not conditioning aid on medical procedures or specific providers. They must inform the insured of other coverage options and can't favor particular plans or providers.
Financially interested entities must annually confirm compliance with these requirements and disclose information about the insureds they are paying for. Specific rules govern reimbursement amounts for these entities, with an independent dispute resolution process available to resolve payment amount disagreements.
Changes in insurers or certain financial situations can alter reimbursement terms. The law also sets how information must be disclosed, the role of the health insurer, and the procedures if disclosures aren't made properly. The section emphasizes maintaining existing privacy and anti-discrimination obligations.
Section § 10176.25
This law says that disability insurance policies can cover services from a registered dietitian or other qualified nutrition professional, but only if a doctor in California has prescribed the treatment plan. It does not mean that insurers have to pay for these services automatically; it is up to the terms of the insurance policy.
Section § 10176.61
If you have a disability insurance policy for hospital, medical, or surgical expenses after January 1, 2000, it must cover necessary supplies and prescriptions for managing diabetes, whether or not they need a prescription. This includes things like glucose monitors, insulin pumps, and diabetes medications. Insurers must also cover diabetes education and training prescribed by your doctor, and these services must be provided by qualified professionals.
The costs for diabetes coverage shouldn't be higher than what's set for similar benefits in your policy. Insurers must clearly state diabetes benefits in their coverage documents. Importantly, they can't reduce existing benefits because of this requirement, and certain insurance types like dental or vision insurance are exempt from these rules.
Section § 10177
This law allows self-insured employee benefit plans to cover mental health expenses either by reimbursement or directly, without employees needing to pay upfront. Employees have the right to choose their mental health providers, like psychologists, licensed social workers, marriage and family therapists, professional clinical counselors, and specific psychiatric-mental health nurses, as long as they are legally authorized to provide these services.
The law clarifies that mental health professionals should not offer services beyond their expertise, based on their training and experience.
Additionally, the law defines qualifications for marriage and family therapists and professional clinical counselors. Notably, plans issued or revised after January 1, 1988, cannot have a lifetime waiver for mental health service coverage for any employee, making such waivers invalid.
Section § 10177.5
This law ensures that if a self-insured employee benefit plan is issued in a state outside of California, and that state recognizes licensed psychologists, the plan cannot stop someone in California from choosing a California-licensed psychologist for covered services. This holds true even if the psychologist isn't licensed in the state where the plan was originally issued.
Section § 10177.6
This law says that from a certain date, if you have a self-insured employee welfare benefit plan in California, you can choose any qualified and licensed professional to perform services covered by your plan. However, if the plan is controlled by federal law that overrides state rules, this choice might not apply.
Section § 10177.7
This law requires that self-insured employee welfare benefit plans in California, starting January 1, 1982, must offer coverage for diabetic daycare self-management education programs. These programs teach diabetic patients how to manage their condition and are intended to prevent frequent hospital visits and complications. The programs should be run under the supervision of a licensed physician certified in internal medicine or pediatrics, and delivered by trained health professionals, such as doctors, nurses, pharmacists, and dietitians. Importantly, the law specifies that these programs are not required to focus mainly on weight loss.
Section § 10177.8
If an employee welfare benefit plan is self-insured and covers California residents with plans written outside of California, it must still allow those residents to choose certain California-licensed professionals for related services. These professionals include licensed clinical social workers, registered nurses with specific psychiatric credentials, licensed marriage and family therapists, and licensed professional clinical counselors. This applies even if the providers aren't licensed in the state where the insurance contract originated.
The law intends to ensure that people covered by such plans, and the California-licensed healthcare providers they choose, are entitled to the benefits for services given under the plan.
Section § 10177.9
This law ensures that all dentists licensed in California receive equal treatment and opportunities in their professional roles, regardless of which degree they have earned. It specifically prevents nonprofit hospital service plans and self-insured employee welfare benefit plans from discriminating against dentists based on the type of educational degree they hold. So, if you're a licensed dentist, your job prospects and professional privileges shouldn't suffer just because of your degree type.
Section § 10178
This law states that insurers, union trust funds, and employers who provide health coverage can't deny or reduce benefits just because a patient incurred no expenses at a nonprofit research hospital. Such hospitals don't charge for services without insurance. Every policy or insurance certificate, regardless of where it's issued, must follow this rule for coverage in California.
A "charitable research hospital" is defined as a hospital recognized for medical research, spending at least 10% of its budget on research, getting over a third of its revenue from donations, accepting all patients regardless of ability to pay, and where at least two-thirds of patients have conditions related to the hospital's research focus.
Section § 10178.3
This law is designed to protect healthcare providers from unfairly reduced payment rates caused by their contracts being sold, leased, or transferred to other payors. Payors must disclose such arrangements to healthcare providers ahead of time and encourage the beneficiaries to use the network for these reduced rates to apply unless the provider consents otherwise.
From July 1, 2000, any agent dealing with provider list transactions must inform the provider if their list could be passed to others and identify any related incentives for beneficiaries. Providers can opt-out of being on such lists if the encouragement to use the network is insufficient.
Additionally, payors must prove that they are entitled to certain payment rates if questioned by a provider and must resolve disputes swiftly, ensuring that providers are paid appropriately. Definitions are provided for key terms such as 'provider,' 'payor,' and 'beneficiary' within the context of this regulation.
Section § 10178.4
If a contracting agent deals with a health provider's contract by selling, leasing, or transferring it to a payor, the terms and responsibilities that apply to the provider will depend on the original contract between the provider and the contracting agent. Essentially, the initial agreement dictates what happens if the contract is transferred.
The terms ‘contracting agent’ and ‘payor’ refer to definitions provided in a related section of the law.
Section § 10178.5
If you have a self-insured employee welfare benefit plan that offers medical transportation services, it must directly pay the transportation provider if they haven't been paid by anyone else. They started applying this rule starting January 1, 1987. However, if there's a specific contract about direct payment between the provider and the plan, this rule doesn't apply. Direct reimbursement means you, as the insured, file a claim with your plan, the plan pays the provider, and the provider can't ask you for payment until they get paid by the plan, but they can ask you for any remaining amount.
Section § 10179
If an insurance company offers plans that cover podiatry services, they cannot refuse to negotiate contracts with podiatrists just because they are podiatrists.
Section § 10180
This California law requires disability insurers who negotiate contracts with professional service providers to consider any reasonable proposals for contracting. They must review these proposals in good faith before signing or renewing contracts.
The law allows insurers to set terms for efficiency, provider qualifications, service use, and convenience, but they cannot reject providers based solely on their license type. The term "professional provider" includes licensed professionals like doctors or therapists, except veterinarians and certain medical professionals, who can perform services covered by insurance policies.
Furthermore, insurers don't have to consider new proposals from providers in areas already adequately served by existing contracting providers working with the insurer or as part of an institutional arrangement.